Jonathan Weisman

Jonathan Weisman

Jonathan is a seasoned insurance lawyer and litigator with experience in a variety of jurisdictions and forums. He has appeared before Superior and Appellate Courts in British Columbia, Ontario, and Manitoba, and clerked with the Caribbean Court of Justice in Port-of-Spain, Trinidad. He has also acted as counsel in numerous private arbitrations and mediations.

A selection of his work includes:

  • Resisting a motion by third parties to dismiss the claims against them in a multi-party pipeline dispute; Tundra v. Enbridge et al. (September 5, 2019), Winnipeg, CI 14-01-92642 (MBQB)
  • Seeking judgment against a municipality for negligence in failing to issue a building permit; Wu v. City of Vancouver, 2017 BCSC 2072
  • Opposing an application for security brought against a publicly-traded investment trust; Sunstone v. Vancouver Pacific Development Corp., 2015 BCSC 261
  • Fixing the proper form of a health profession’s election; Marchand v. College of Massage Therapists of British Columbia, 2012 BCSC 703
  • An appeal of a claim for waiver of tort based on inducement of breach of contract by an investment broker; Noh v. Plaza 88 Developments Ltd., 2011 BCCA 461

Jonathan’s practice is focused in the following areas:

Professional Liability Defence and Coverage

  • Counsel in claims against engineers, surveyors, health professionals, lawyers, and architects;
  • Counsel in large-scale and complex geotechnical and architectural claims;
  • Represented engineers and health professionals in professional practice reviews;
  • Acted in class proceedings involving investments and notaries public;

Construction Defence and Coverage

  • Defended varied construction site participants, including general contractors, subcontractors, roofers, project managers, and developers;
  • Handled a range of warranty claims including coverage issues;
  • Acting as on-call counsel for insureds under various insurers’ programs;

Coverage and Insurance Disputes

  • Provided coverage opinions on a variety of CGL, E&O, D&O, Property, Umbrella, Fire, Life Insurance, Home Warranty, Strata/Condominium, and Disability policies;
  • Advised on local requirements for new policy wordings;
  • Represented insurers in varied coverage disputes, including those with elements of bad faith;
  • Defended insurance brokers and agents in first-party disputes;

Property Loss and Subrogation

  • Extensive work on disputed property claims, including the defence of tenants, landlords, bailees, and tortfeasors;
  • Prosecuted diverse subrogated claims, including warranty claims, fire losses, water ingress, leaky condo, and faulty design and workmanship;
  • Handled property coverage disputes with allegations of bad faith

Environmental and Cleanup

  • Defended parties in large-scale environmental contamination proceedings such as pipeline spills;
  • Handled claims against property owners past and present for compensation under strict environmental liability legislation;

D&O, Not-for-Profit, and Strata Claims

Jonathan draws on extensive practical experience as a director and executive in not-for-profit societies ranging from arts organizations to community centres to schools. His background gives him a nuanced understanding of the challenges and real practice of corporate governance.

  • Defended companies, societies, and their directors in claims involving breach of trust, breach of fiduciary duty, defamation, breaches of contract, and breaches of statutory duty;
  • Represented parties in corporate governance and corporate ownership disputes, including disputes among dissident board factions;
  • Prosecuted and defended derivative claims and claims of oppression;
  • Represented strata and condominium boards and their managers, directors, and members in disputes before tribunals and courts;
  • Advised charities and not-for-profits on governance and strategic planning;

Jonathan has published a number of recent articles of interest to insurers, including:

Consistency in Policy Wordings: A Caution on Unlimited Coverage [2020]

British Columbia Limits Insurers’ Liability for First Party Costs [2019]

Project-Specific Construction Policies [2018]

Developments in Economic Torts [2014]

Jonathan has taught law at Simon Fraser University, and regularly contributes to professional and public legal education. He has been honoured as one of Access Pro Bono’s top contributors to public legal services, and is an active leader in his local Scouting Group. Jonathan serves on the boards of Choice School for the Gifted and Exceptional and the Jewish Community Centre of Greater Vancouver and has served in the past on the boards of the Dunbar Community Centre Association, the Canadian Club of Vancouver, and Realwheels Theatre.

Jonathan Weisman's practice areas include:

 

Construction

Coverage

Directors and Officers Liability

Environmental

Professional Liability

Property Specialty

Subrogation

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